Madras High CourtWP(MD)/17781/2021disposed of

Thavamani.G v. The District Collector

2023-02-02Honourable The Acting Chief Justice,Honourable Mr Justice D. Krishnakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2023

CORAM:

THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.17781 of 2021 G.Thavamani ... Petitioner -Vs1.The District Collector, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Sankarankovil, Tenkasi District.

3.The Tahsildar, Sivagiri Taluk, Tenkasi District.

4.The Superintending Engineer (NH),

5.The Divisional Engineer, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to survey the National Highways in Survey Nos.918/2, 919, 920 & 921/1 situated in Vasudevanallur Village, Sivagiri Taluk, Tenkasi District and thereafter proceed with the widening of the said road after removing the encroachments made by private persons in NH 744 at Vasudevanallur by considering the petitioner's representations dated 28.07.2021 and 18.08.2021.

For Petitioner : Mr.K.Prabhu For Respondents : Mr.P.Thilak Kumar, Government Pleader

ORDER

[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] This Writ Petition has been filed seeking issuance of a Writ of Mandamus, directing the respondents to survey the National Highways in Survey Nos.918/2, 919, 920 & 921/1 situated in Vasudevanallur Village, Sivagiri Taluk, Tenkasi District and thereafter, proceed with the widening of the said

road, after removing the encroachments made by the private persons in NH 744 at Vasudevanallur, by considering the petitioner's representations dated 28.07.2021 and 18.08.2021.

2.When the matter is taken up for hearing today, the learned Government Pleader appearing for the respondents, by producing the written instruction of the Assistant Divisional Engineer, National Highways, Tenkasi dated 17.12.2022, submitted that the encroachment in question had already been removed.

3.Recording the aforesaid statement, this Writ Petition is disposed of, granting liberty to the petitioner to approach the Court, if the encroachment in question is not removed. No costs.

[T.R., A.C.J.] & [D.K.K., J.] 02.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR / SJ T.RAJA, A.C.J.

AND D.KRISHNAKUMAR, J.

MYR / SJ To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Sankarankovil, Tenkasi District.

3.The Tahsildar, Sivagiri Taluk, Tenkasi District.

4.The Superintending Engineer (NH), 5.The Divisional Engineer, W.P.(MD)No.17781 of 2021 02.02.2023